Identification, Prevention, and Remedies for False Claims in Highway Improvement Contracting

National Academies of Sciences, Engineering, and Medicine

doi:10.17226/22873

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Identification, Prevention, and Remedies for False Claims in Highway Improvement Contracting

(2011)

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TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 55: Identification, Prevention, and Remedies for False Claims in Highway Improvement Contracting is designed to help define false claims as is set forth in case law, civil statutes, and other resources; and to distinguish fraud.

The report also explores case law on false contract claims in connection with highways; reviews conflicting federal False Claims Act, state civil false claims statutes, qui tam provisions, taxpayers' actions, or the equivalent; and highlights administrative processes—looking for current practices and procedures in place for contract disputes resolution.

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Contributor(s): National Academies of Sciences, Engineering, and Medicine; Transportation Research Board; National Cooperative Highway Research Program

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Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2011. Identification, Prevention, and Remedies for False Claims in Highway Improvement Contracting. Washington, DC: The National Academies Press. https://doi.org/10.17226/22873.

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Publication Info

107 pages | 8.5 x 11 | DOI: https://doi.org/10.17226/22873

Chapters		skim
COVER	1-1
CONTENTS	2-2
I. INTRODUCTION	3-6
II. 2009 AMENDMENTS REDEFINE THE FALSE CLAIMS ACT, 31 U.S.C. SECTION 3729	7-14
III. FEDERAL ADMINISTRATIVE INITIATIVES	15-17
IV. RELATED DEVELOPMENTS IN FEDERAL ACQUISITION REGULATIONS	18-19
V. DEFINING FALSE CLAIMS	20-21
VI. EXAMPLES OF FALSE CLAIMS	22-25
VII. PERSONS LIABLE: WHO CAN BE SUED?	26-27
VIII. DAMAGES UNDER THE FCA	28-29
IX. THE FCA STATUTE OF LIMITATIONS	30-30
XI. QUI TAM PROVISIONS	31-35
XII. OTHER POTENTIALLY APPLICABLE FEDERAL STATUTES	36-44
XIII. STATE CONSTRUCTION-RELATED FALSE CLAIM STATUTES	45-53
XIV. STATE FALSE STATEMENT STATUTES	54-57
XV. RESEARCH PROCESS	58-65
XVI. SITE VISITS: DISCUSSION TOPICS ON PREVENTION AND REMEDIATION FOR IN-DEPTH PERSONAL INTERVIEWS WITH KNOWLEDGEABLE EXPERTS	66-68
XVII. REPORT ON SITE VISITS, PROMISING PRACTICES FOR PREVENTION AND REMEDIATION, AND LESSONS LEARNED	69-80
XVIII. CONCLUSION	81-81
APPENDIX A: QUESTIONNAIRE	82-84
APPENDIX B: USDOT OIG "RED FLAG" LIST AND POSTERS	85-106
APPENDIX C: USDOJ "RED FLAG" LIST	107-107
ACKNOWLEDGMENTS	108-108
BACK COVER	109-109

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